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DOCS Denied Summary Judgment on Mail, Retaliation, and Prison Conditions by The United States District Court for the Western District of New York has partly granted and partly denied summary judgment in a civil rights complaint brought by a New York prisoner against various officials of the Department of Correctional …
Article • May 15, 2007
Wisconsin Court Access and Conditions Claims Remanded by The U.S. Court of Appeals for the Seventh Circuit reversed a district court's summary judgment dismissal of a prisoner's conditions of confinement complaint for failure to state a claim, remanded his access to courts claim because genuine issues of material fact had …
Article • May 15, 2007
D.C. Prison Conditions Violate Eighth Amendment Rights by The United States District Court, District of Columbia, ordered that (1) prison conditions at the Occoquan Facility, D.C., violated prisoner's Eighth Amendment rights; (2) the housing of "protective custody" prisoners with the punitive segregation prisoners violated the protective custody prisoner's Eighth Amendment …
Article • May 15, 2007
Court Of Appeals Overturns Prison Population Cap in DC Case by The United States Court of Appeals for the D.C. Circuit, concluded that the Supreme Court required them to vacate the District Court's order imposing a population limit at Occoquan Facility of the D.C. Lorton Correctional Complex prison generally and …
Article • May 15, 2007
New York Jail Conditions Found Unconstitutional, Remanded for Remedy by New York Jail Conditions Found Unconstitutional, Remanded For Remedy The Second Circuit Court of Appeals affirmed the finding that various conditions at the "Tombs," the Manhattan (New York) House of Detention for Men, were unconstitutional, and remanded the case to …
Article • May 15, 2007
Appeal Affirmed in Unconstitutional New York Jail Conditions of Confinement by In a class action brought by New York City prisoners in pretrial confinement for declaratory and injunctive relief regarding alleged unconstitutional conditions of confinement, and on appeal by corrections commissioner, the Second Circuit Court of Appeals held that (1) …
Texas Prison System Declared Unconstitutional; Reforms Ordered by In a class-action suit by Texas prisoners with the U. S. as a plaintiff-intervenor, a Texas federal district court held that Texas prisons: (1) were grossly overcrowded; (2) had wholly inadequate sanitation and recreation facilities; (3) used inadequate disciplinary procedures; (4) allowed …
Ruiz Attorney Fees Approved; State Fees Cap Invalid by Following a successful civil rights suit in which conditions in Texas prisons were declared unconstitutional and extensive remedial relief ordered via consent decree, the plaintiffs moved for attorneys' fees and costs under 42 U.S.C. § 1988. The court stayed the award …
Article • May 15, 2007
Relief Ordered For Overcrowded D.C. Prison by The United State District Court, District of Columbia, in response to a D.C. Occoquon Prison Facility, of the Lorton Correctional Complex, prisoner's claims that overcrowding and systemically deficient conditions at state medium security institutions constituted cruel and unusual punishment in violation of Eighth …
Article • May 15, 2007
Injunction Issued Against Proposed New Mexico DOC Staffing Reductions by The U.S. District Court for the District of New Mexico held that state prisoners were entitled to an injunction barring a proposed reduction of medical, mental health and security staff as the scope of the proposed reductions may have compromised …
Article • May 15, 2007
Jail Officials Not Deliberately Indifferent in Prisoner's Beating by Affirming summary judgment for county jail officials by the U.S. District Court for the District of Massachusetts, the U.S. First Circuit Court of Appeals held that jail officials were not deliberately indifferent to a prisoner's health and safety, even though the …
KY Guards Found Liable in Denial of Medical Care. by The Sixth Circuit Court of Appeals held Hardin County, Kentucky was not liable in a prisoner's denial of medical care claim, but upheld an award against two guards. Prior to his incarceration in the Hardin County Jail, the prisoner had …
No Liberty Interest for N.Y. Prisoner to Remain in Shock Incarceration Program by No Liberty Interest for N.Y. Prisoner to Remain in Shock Incarceration Program The Second Circuit Court of Appeals held a New York youthful, nonviolent prisoner does not have a liberty interest to remain in a "shock program" …
Oklahoma Prisoner's Eighth Amendment Diet Claims Frivolous by The U.S. Tenth Circuit Court of Appeals held that an Oklahoma Department of Corrections (OKDOC) prisoner's claims regarding his diet were frivolous. Terry D. Thompson, an OKDOC prisoner serving a 2,000 year sentence at the Oklahoma State Penitentiary (OSP), sued OSP officials …
Article • May 15, 2007
Trial In Jail Clothes Unconstitutional Only if Objection Raised by The U.S. Supreme Court held that although states are prohibited by the Fourteenth Amendment from compelling an accused person to stand trial before a jury attired in clearly identifiable jail issue clothes, an objection to the attire must be raised …
Article • May 15, 2007
U.S. Supreme Court Affirms Constitutionality of "Evidentiary Privilege" Rule by U.S. Supreme Court Affirms Constitutionality of "Evidentiary Privilege" Rule The United States Supreme Court upheld the constitutionality of a federal statute prohibiting disclosure of certain highway safety documents as evidence in state or federal tort cases. The principal enunciated by …
Summary Judgment Against Sexually Assaulted Prisoner Denied in Part by The U.S. District Court for the Southern District of Ohio granted in part and denied in part Ohio officials' motion for summary judgment against a prisoner who was sexually assaulted by a guard. While a prisoner at the Ohio Reformatory …
Article • May 15, 2007
Conditions of Confinement in Virgin Islands Prison Unconstitutional. by The Federal District Court in the Virgin Islands found that widespread unconstitutional conditions existed at the Golden Grove Adult Correctional Facility. In a terse opinion, the court ordered changes to begin within 20 days of its order and recommended that the …
Article • May 15, 2007
$750 Award in Prison Failure to Protect Prisoner Suit by Alfredo Bonilla, a prisoner at the Clinton Correctional Facility (CCF), filed a suit against CCF for failing to prevent an attack on him by two other prisoners. On 2-16-00, while Bonilla was housed at CCF's main institution, a prison guard …
SJ for Guard in Prisoner's Rape Suit Improper by The U.S. Court of Appeals for the Ninth Circuit held that summary judgment in favor of four prison officials was proper but summary judgment in favor of a guard was not. Plaintiff, a Washington state prisoner who was in protective custody, …
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